Browse full definitions for every AB term in the Amicus glossary.
/æb ɪˈnɪʃioʊ/
The court declared the contract void ab initio due to fraud.
Commonly used to denote that a legal act or condition is null from the very beginning, not just from the point of discovery.
/əˈbæn.dən/
The tenant abandoned the premises without paying the rent.
The guardian was accused of abandoning the ward by neglecting her care.
In legal drafting, clarity is crucial when using 'abandon' to specify the precise rights or interests being surrendered, as abandonment can imply different actions depending on context.
/əˌbæn.dənˈmɛnt/
The defendant's abandonment of the property allowed the landlord to reclaim possession.
The court found abandonment due to the father's failure to provide support.
The abandonment of the contract by the supplier constituted a breach.
Distinguish abandonment as voluntary and intentional relinquishment from mere nonuse or neglect; clarity in intent is critical in drafting to establish legal consequences.
/əˈbeɪt/
The court ordered the company to abate the noise from its factory.
The plaintiff's claim was abated due to lack of jurisdiction.
In legal drafting, 'abate' often connotes removal of a nuisance or reduction of penalties; clarity is key when specifying whether it refers to diminution or suspension of proceedings.
/əˈbeɪtmənt/
The court granted an abatement of the nuisance after the landlord fixed the violations.
The abatement of the lawsuit occurred while the parties negotiated a settlement.
Abatement often appears in contexts involving nuisances or taxes; clarity requires specifying the type of abatement to avoid ambiguity.
/əˌbriːviˈeɪʃən/
The judge explained the abbreviation 'P.O.' meant 'probation officer'.
The legal brief used the abbreviation 'U.S.C.' for the United States Code.
In legal drafting, consistent use of abbreviations enhances readability but requires careful definition at first use to avoid ambiguity.
/ˈæbdɪˌkeɪt/
The monarch decided to abdicate the throne in favor of her son.
Use 'abdicate' specifically for formal or sovereign relinquishment; avoid in casual resignations unless emphasizing authority transfer.
/ˌæbdɪˈkeɪʃən/
The king's abdication triggered a constitutional crisis.
Her abdication of parental rights required court approval.
Abdication typically involves a formal and public act of giving up authority, distinguished from informal resignation; clarity in drafting should specify the office or rights being abdicated.
/æbˈdʌkt/
The accused was charged with abducting the child from public school.
In legal contexts, 'abduct' specifically emphasizes the unlawful taking of a person, distinguishing it from consensual movement or removal.
/æbˈdʌkʃən/
The defendant was charged with the abduction of the child from her home.
The plaintiff sued for abduction of trade secrets by a former employee.
In criminal law, abduction is distinguished from kidnapping by jurisdiction; its scope and elements may vary, so precise statutory definitions should be reviewed.
/əˈbɛrənt/
The court found the defendant's actions to be aberrant and outside the scope of lawful behavior.
In legal contexts, 'aberrant' often describes conduct that deviates from accepted norms or legal standards, useful when assessing responsibility or intent.
/əˈbɛt/
He was charged with abetting the robbery by acting as a lookout.
In legal contexts, abet specifically involves intentional encouragement or assistance before or during a crime; mere presence or failure to report is insufficient.
/əˈbɛtmənt/
He was charged with abetment of the robbery after providing the getaway car.
Abetment specifically denotes encouragement or assistance to a principal offender in criminal law, distinguishing it from direct perpetration.
/ˈæbɛtɪd/
He was charged because he abetted the burglar in breaking into the house.
As a past tense and participle form, 'abetted' is used to describe actions taken in the past related to assisting or encouraging unlawful acts.
/ˈæbɛtɪŋ/
She was charged with abetting the theft by providing the tools.
Abetting specifically denotes active encouragement or support in criminal acts, distinct from mere presence; precise language helps clarify culpability.
/ˈæbɪtər/
The abettor was charged alongside the principal perpetrator for conspiracy.
In legal contexts, an abettor's liability often hinges on proving intentional assistance or encouragement of the crime.
/əbˈhɔːr/
The court's opinion abhors any form of discrimination in employment.
In legal drafting, 'abhor' conveys a strong ethical or moral disapproval, often emphasizing the reprehensibility of certain conduct.
/əˈbaɪd/
The parties agreed to abide by the terms of the contract.
He could not abide the negligence shown in the management of the case.
In legal drafting, 'abide' is often used to specify the obligation to comply with contractual or statutory provisions, emphasizing voluntary adherence rather than forced compliance.
/əˈbɪlɪti/
The contract is voidable because the minor lacks legal ability to contract.
The corporation has the ability to sue and be sued.
In legal contexts, ability often overlaps with capacity and competence but focuses specifically on the power to act within the law; drafters should clarify exact scope to avoid ambiguity.
/əˈbɪlɪti tɛst/
The employer administered an ability test to assess the applicant’s suitability for the job.
Ability tests in legal contexts must comply with non-discrimination laws to avoid adverse impact on protected groups.
/ˈæbdʒɛkt/
The court acknowledged the claimant's abject poverty as a factor in the case.
Often used in legal contexts to emphasize the severity or hopelessness of a condition or status, particularly in doctrines related to equity or humanitarian considerations.
/æbˈnɔːrməl/
The court considered the defendant's abnormal behavior as part of the evidence in the trial.
In legal contexts, 'abnormal' frequently pertains to deviations impacting legal responsibility, contract validity, or statutory application; definitions should reflect such contexts.
/əˈboʊd/
The court determined the defendant's abode to establish jurisdiction.
The tenant agreed to maintain the abode in good condition.
In legal contexts, 'abode' often connotes the physical place linked to legal rights or duties, such as jurisdiction or tenancy; clarity in usage is important to distinguish from general living arrangements.
/əˈbɒlɪʃ/
The legislature voted to abolish the outdated statute.
Use 'abolish' to denote complete and formal termination of a legal rule or institution, distinct from partial amendments or suspensions.
/ˌæbəˈlɪʃən/
The abolition of slavery was a landmark achievement in human rights law.
Use 'abolition' specifically for formal legal or legislative acts ending a practice or institution; avoid in informal contexts.
/ˌæbəˈlɪʃənɪzəm/
The rise of abolitionism in the 19th century led to the emancipation of enslaved peoples.
Abolitionism primarily refers to the legal and moral campaign against slavery; usage is closely tied to historical legal reforms and human rights law.
/ə-ˈbäm-ə-nə-bəl/
The court condemned the abominable practice of forced labor as a gross violation of human rights.
Typically used to characterize acts or conditions that offend accepted legal and moral standards, often influencing severity of judgment or statutory interpretation.
/əˌbɒmɪˈneɪʃən/
The statute punishes the abomination of corrupting minors.
Certain abominations were prohibited under the ancient legal code.
Commonly used in statutory and religious legal contexts, 'abomination' signifies acts deemed morally or legally reprehensible; modern usage favors precise statutory definitions over broad moral terminology.
/ˌæbəˈrɪdʒɪnəl/
The aboriginal rights of the community were protected under the treaty.
The court acknowledged the land claims made by the aboriginal.
In legal contexts, 'aboriginal' often pertains to rights, land claims, and recognition of indigenous peoples; use precisely to reflect statutory or treaty definitions.
/əˈbɒrɪdʒɪnəl lænd/
The court recognized the aboriginal land rights of the native community.
Aboriginal land is managed under special regulations to preserve Indigenous stewardship.
The term covers both customary and statutory recognition of Indigenous land rights; definitions vary by jurisdiction.
/əˈbɒrɪdʒɪnəl raɪts/
The court upheld the aboriginal rights of the tribe to hunt on their traditional territory.
Aboriginal rights include the authority to maintain customary laws and practices.
Aboriginal rights often coexist with statutory and constitutional protections and require careful distinction from general human rights or land claims.
/əˈbɒrɪdʒɪnəl ˈtaɪtəl/
The court upheld the aboriginal title of the tribe to the disputed territory.
Aboriginal title is a sui generis property right distinct from common law estates, requiring careful differentiation from statutory land claims and ensuring recognition of Indigenous customary use.
/əˈbɔːrʃən/
The state legislature debated new restrictions on abortion.
The contract was subject to abortion due to non-fulfillment of conditions.
The term 'abortion' is primarily associated with the termination of pregnancy, but it also has a distinct contract law meaning relating to cancellation or avoidance of agreements.
/əˈbʌv/
The court held that the statute above the regulation takes precedence.
Refer to the paragraphs above for relevant case law.
In legal drafting, "above" typically refers to textual references or hierarchical positioning, so clarity about the referenced element is crucial.
/əˈbreɪʒən/
The plaintiff suffered an abrasion when she fell on the rough pavement.
In legal contexts, abrasions are typically relevant in personal injury litigation involving bodily harm assessments.
/əˈbrɪdʒ/
The lawyer abridged the lengthy contract to make it easier to understand.
The statute abridges certain free speech protections under specific circumstances.
In legal drafting, abridgment must preserve core rights and obligations; overly aggressive abridgment can render a document unenforceable.
/əˈbrɪdʒmənt/
The abridgement of the contract omitted several non-essential clauses.
She consulted the abridgement to understand the key rulings in property law.
Abridgement typically involves careful preservation of legal intent while shortening text; drafters must avoid altering substantive meaning.
/ˈeɪ.brɪdʒ.mənt/
The abridgment of the contract made it easier to understand.
The law was challenged as an unlawful abridgment of free speech.
In legal drafting, 'abridgment' often refers both to shortened versions of texts and to reductions in legal rights; clarity requires distinguishing which sense applies.
/ˈæbrəˌɡeɪt/
The legislature decided to abrogate the outdated statute.
Typically used in formal legal contexts to indicate the complete annulment of laws or agreements, often by legislative or executive authority.
/ˌæbrəˈɡeɪʃən/
The abrogation of the outdated statute was approved by the legislature.
The abrogation of the treaty led to diplomatic tensions between the countries.
Abrogation is used to denote formal and authoritative cancellation, often requiring specific legal procedures, unlike ordinary termination or expiration.
/æbˈskɒnd/
The defendant absconded before the trial could begin.
Often used in criminal law contexts to describe evasion of law enforcement or failure to appear in court.
/ˈæbskɒndər/
The absconder was arrested after months on the run from the law.
Commonly used in criminal and civil contexts, identifying an individual who intentionally leaves jurisdiction to avoid legal responsibilities.
/ˈæbsəns/
The witness's absence delayed the court proceedings.
The contract was void due to the absence of mutual consent.
In legal drafting, 'absence' often requires specification—absence of a person, document, evidence, or condition—to avoid ambiguity.
/ˈæbsəns frəm ˈdjuːti/
The employee's absence from duty was noted in the attendance report and led to disciplinary review.
Commonly employed in employment law and military law contexts, the term distinguishes between authorized and unauthorized absence, important for disciplinary and contractual consequences.
/ˈæbsəns wɪðˈaʊt liːv/
The soldier was charged with absence without leave after missing his post for three days.
Often abbreviated as AWOL; important to distinguish from authorized leave for legal and disciplinary purposes.
/ˈæbsənt ˈpɜːrsən/
The court appointed a guardian to protect the interests of the absent person during the trial.
The term 'absent person' is significant in probate and family law where the whereabouts of a person affect legal proceedings; definitions vary slightly by jurisdiction.
/ˌæbsənˈtiː/
The court issued a summons for the absentee to appear at the hearing.
Absentee shareholders typically do not participate in company meetings.
Use 'absentee' to denote a missing party in legal contexts; in drafting, specify the context (e.g., absentee owner, absentee voter) to clarify legal implications.
/ˌæbsənˈti ˈbælət/
She submitted her absentee ballot well before Election Day due to travel.
The term specifically emphasizes voting outside the polling place, distinct from but sometimes conflated with mail-in ballots depending on jurisdiction.
/ˈæbsənˌti ˌoʊnərˌʃɪp/
The landlord’s absentee ownership of multiple rental properties often led to delayed maintenance responses.
Absentee ownership frequently arises in property and corporate law contexts, highlighting issues related to management and control from a distance.
The jurisdiction expanded absentee voting to increase voter participation during the pandemic.
Absentee voting procedures vary by jurisdiction; drafters should clarify eligibility and submission requirements.
/ˌæbsənˈtiːɪzəm/
The employee's repeated absenteeism led to disciplinary action under the terms of his employment contract.
Absenteeism is commonly addressed in workplace policies and employment contracts to define acceptable attendance standards and potential legal consequences.
/æbˈsɛnʃə/
The court held the trial in absentia due to the defendant's failure to appear.
He was convicted in absentia because he did not attend the trial.
Usage typically arises in criminal and civil proceedings where a party’s absence does not halt the process; careful drafting specifies the conditions under which proceedings in absentia are permissible.
/ˈæbsəˌluːt/
The contract grants him absolute rights to the property.
The judge has absolute discretion in certain procedural matters.
Use 'absolute' carefully to distinguish totality or unqualified nature from conditional or limited legal terms.
/ˈæbsəˌluːt ɔːˈθɒrɪti/
The legislature granted absolute authority to the regulatory agency to oversee all banking operations.
The sovereign state enjoys absolute authority within its territorial boundaries.
Typically denotes power that is final and unchallengeable; drafting should clarify any exceptions or limitations explicitly to avoid misinterpretation.
/ˈæbsəluːt ɪˈmjuːnɪti/
Judges are often granted absolute immunity to ensure independent decision-making without fear of lawsuits.
Absolute immunity shields prosecutors from being sued for actions taken during a trial, even if alleged misconduct occurred.
Absolute immunity is broader than qualified immunity and offers total protection, often applied to judicial and prosecutorial functions to preserve independence and decision-making free from personal liability.
/ˈæbsəluːt ˌlaɪəˈbɪlɪti/
Under absolute liability, the defendant is responsible for damages regardless of intent or negligence.
Absolute liability differs from strict liability by often not allowing defenses such as mistake or due diligence; it is commonly applied in public welfare offenses.
/ˈæbsəˌluːt ˈmɒnərki/
In an absolute monarchy, the king's decrees have the force of law without parliamentary approval.
The term emphasizes unrestricted sovereign power; drafters should clarify limits if any exist to avoid ambiguity.
/æb.səˈluːt.li/
The court held the defendant absolutely liable for the damages.
Used to emphasize unqualified or total application, especially in liability or rights; avoid ambiguity by specifying the scope of 'absolute' terms in contracts or statutes.
/ˈæbsəluˌtɪzəm/
The king's rule was an example of absolutism, where his decrees were final and uncontested.
In legal contexts, absolutism often contrasts with constitutionalism; drafters should specify the presence or absence of legal constraints on authority.
/əbˈzɒlv/
The court absolved the defendant of all charges after new evidence surfaced.
Commonly used in criminal and civil contexts to indicate forgiveness or release from obligation; often requires clear evidence or judgment.
/əbˈsteɪn/
Several members chose to abstain from voting on the contentious bill.
The party agreed to abstain from signing the contract until further negotiations.
In legal drafting, distinguishing abstention from recusal or dissent is crucial; abstaining implies non-participation without necessarily implying bias or conflict.
/æbˈstɛnʃən/
The judge's abstention from the case was due to a potential conflict of interest.
The country's abstention from intervening was noted by the international tribunal.
Abstention often implies a deliberate choice to avoid action in legal processes; it differs from recusal but both serve to maintain impartiality.
/ˌæbˈstɛnʃən ˈdɒktrɪn/
The federal court applied the abstention doctrine to defer to the state court's resolution of the matter.
Abstention doctrines often reflect federalism concerns and promote judicial efficiency by avoiding duplicative or conflicting proceedings.
/ˈæb.strækt/
The judge considered the abstract principles underlying the case.
The lawyer prepared an abstract of the contract for quick reference.
The title company examined the abstract to verify ownership before closing.
In legal contexts, "abstract" can refer both to a conceptual idea and to specific succinct summaries used in documentation or real property transactions, thus contextual clarity is important.
/ˈæb.strækt raɪt/
The concept of an abstract right underpins many foundational legal theories.
The term is often used in legal philosophy and theory to distinguish rights conceived independently of concrete application, which can influence the framing of statutes or constitutional provisions.
/əbˈsɜrd/
The court declared the contract clause absurd and refused to enforce it.
The plaintiff's assertion was dismissed as absurd and frivolous by the judge.
In legal drafting, labeling a term or condition as 'absurd' typically supports arguments against enforceability; the term often appears in judicial reasoning addressing reasonableness and contract validity.
/əbˈsɜːrdɪti/
The court dismissed the claim due to its clear absurdity.
The judge invoked the doctrine of absurdity to avoid an unjust interpretation of the statute.
The legal notion of absurdity commonly arises in statutory interpretation where courts avoid outcomes that defy common sense or produce unjust results.
/əbˈsɜːrdɪti ˈdɒktrɪn/
The court applied the absurdity doctrine to interpret the contract in a way that avoided an illogical result.
This doctrine serves as a safeguard against rigid application of laws or contracts that would produce absurd results, emphasizing purpose and common sense in judicial interpretation.
/əˈbjuːs/
The investigation revealed abuse of managerial power.
She filed a complaint alleging domestic abuse.
He was charged with abusing his position for personal gain.
In legal drafting, specify the type of abuse (e.g., financial, child) to clarify the context and applicable statutes.
/əˈbjuːs əv dɪsˈkrɛʃən/
The appellate court reversed the lower court's ruling due to abuse of discretion in admitting evidence.
Often a deferential standard in appellate review, abuse of discretion focuses on whether decisions were within a range of reasonable choices, not on the correctness of the decision itself.
/əˈbjuːs əv ˈdɒmɪnəns/
The regulator fined the company for abuse of dominance by imposing unfair prices on rivals.
Abuse of dominance is a key concept in competition law, requiring proof of a firm's dominant position and conduct that harms competition; it differs from mere dominance which is not unlawful.
/ˈəˌbjus əv ˈpaʊər/
The official was charged with abuse of power for using government resources for personal gain.
The manager's abuse of power led to multiple employee complaints.
Typically refers to actions by public officials but can also apply in private sector contexts; legal definitions and consequences vary by jurisdiction.
/əˈbjuːs əv ˈproʊsɛs/
The defendant filed a counterclaim for abuse of process after the plaintiff repeatedly used the subpoena to harass him.
Abuse of process differs from malicious prosecution in that it focuses on misuse of the court's procedure rather than initiation of a baseless claim.
/əˈbjuːs əv raɪts/
The court ruled that the tenant's claim was an abuse of rights intended to delay eviction.
Under the abuse of rights doctrine, property owners cannot use their rights to infringe on neighbors' peaceful enjoyment.
The abuse of rights doctrine varies by jurisdiction but commonly serves to limit the rigid exercise of legal rights when misused; drafting should clarify the intended boundary of lawful exercise to avoid claims of abuse.
/əˈbjuːzər/
The court ordered a restraining order against the abuser to protect the victim.
In legal contexts, 'abuser' often indicates a party responsible for acts qualifying as abuse under statute or case law, crucial for protective orders or criminal charges.
/əˈbʌtl/
The abuttal of the two lots was clear on the property deed.
Abuttal is a specialized term often used in property law and conveyancing to describe adjacency, important when defining rights or disputes involving boundaries.
/əˈbʌtɪŋ/
The abutting properties share a fence along their boundary line.
Often used in property law to describe parcels of land or buildings touching each other; clear specification of abutting boundaries is important in drafting deeds and boundary agreements.
